Noah Feldman, Columnist

Collusion Isn’t a Crime, But Aiding and Abetting Is

Trump’s 2016 call for the Russians to hack Clinton’s email should worry his lawyer more.

July 30, 2018 at 8:15 PM UTC

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

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Rudy Giuliani can’t seem to get the law right. The president’s lawyer suggested Monday on CNN and Fox News that Donald Trump didn’t commit a crime even if he colluded with Russians during the 2016 campaign by encouraging them to hack Hillary Clinton’s email server. “I don't even know if that’s a crime, colluding about Russians,” Giuliani put it. “You start analyzing the crime – the hacking is the crime. The president didn't hack. He didn’t pay them for hacking.”

That’s just wrong. Although there is no formal charge known as “collusion,” federal criminal law covers anyone who “aids, abets, counsels, commands, induces or procures” a felony. The elements of the crime need to be broken down to see how they might potentially apply to Trump’s actions during the campaign. And to be sure, not all the facts that would bring Trump under the federal statute have been proved.